· 11/18/2008
Gagliano v. Reliance Standard Life Insurance
Citations
- 547 F.3d 230
- 45 Employee Benefits Cas. (BNA) 1583
- 2008 U.S. App. LEXIS 23781
- 2008 WL 4916330
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that claim under 29 U.S.C. § 1133 and 29 C.F.R. § 2560.503-1(h) for procedural ERISA violation could not create substantive remedy
- recognizing that in most instances, the appropriate remedy for an administrator’s procedural noncompliance “is to remand the matter to the plan administrator so that a ‘full and fair review’ can be accomplished”
- recognizing that in most instances, the appropriate remedy for an administrator’s procedural noncompliance “is to remand the matter to the plan administrator so that a ‘full and fair review’ can be accomplished”
- recognizing the importance of the ERISA appeal process for ensuring proper court review
- noting that in cases of a procedural ERISA violation, the “proper remedy [is] to remand to the plan administrator for the ‘full and fair review’ to which [the claimant] is entitled regarding the denial of benefits”
- finding a procedural violation of § 1133 when the administrator denied claim in the second termination letter on a different basis than it did in the first termination letter
Source: CourtListener parenthetical corpus (CC0).
Judges: Agee
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.